Hong Kong Ordinances

BANKRUPTCY ORDINANCE - SECT 7

Liability of firm to have bankruptcy order made against it

(Past version on 30/06/1997).

(1) The following provisions shall have effect in the case of a firm carrying
on business in Hong Kong-

   (a)  (Repealed 76 of 1996 s. 5)

   (b)  it shall be sufficient that a bankruptcy order against the firm be
        made in the firm name, without mentioning the names of the partners,
        and such bankruptcy order shall affect the joint and separate property
        of all the partners; (Amended 76 of 1996 s. 5)

   (c)  the right of a creditor to present a bankruptcy petition against the
        firm, and the jurisdiction of the court to make a bankruptcy order
        against the firm, shall not be affected by the fact, if it is so, that
        all or any of the partners of the firm are not resident or domiciled
        in Hong Kong. (Amended 76 of 1996 s. 5)

(2) The provisions of this section shall, so far as the nature of the case
will permit, apply to any person carrying on business in Hong Kong in a name
or style other than his own name.

(3) A creditor may present a petition for a bankruptcy order against a firm in
the same way as he may present such a petition against a debtor provided that
the conditions set out in sections 4(1)(c)(ii), 5, 6, 6A and 6B are met in
respect of the firm. (Added 76 of 1996 s. 5) (Amended 47 of 1984 s. 16)